Law:Title 10. Political Parties (Texas)

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Subtitle A. Introductory Provisions

Contents

Chapter 161. General Provisions

Section  161.001.  Inherent Powers.

A political party retains all of its inherent powers except as limited by this code.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.



Section  161.002.  Party Name.

(a) The name of a political party as printed on the ballot for an election may not consist of more than three words.

(b)  A party may not select for its name a name previously assumed by another existing party.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.



Section  161.003.  Methods Of Making Nominations.

A political party may make nominations for public office only by the methods provided by this code.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.



Section  161.004.  Party Document As Public Information.

If a document, record, or other paper is expressly required by this title to be filed, prepared, or preserved, it is public information unless this title provides otherwise.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.



Section  161.005.  Eligibility For Party Offices Generally.

(a) To be eligible to be a candidate for or to serve as a county or precinct chair of a political party, a person must:

(1)  be a qualified voter of the county; and

(2)  not be a candidate for nomination or election to, or be the holder of, an elective office of the federal, state, or county government.

(b)  For purposes of this section, a person becomes a candidate at the earliest time at which one of the following occurs:

(1)  the person files:

(A)  a declaration of intent to run as an independent candidate;

(B)  an application for a place on a primary or general election ballot or for nomination by a convention; or

(C)  a declaration of write-in candidacy; or

(2)  the person is nominated by a convention or executive committee.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 105, eff. Sept. 1, 1997.



Section  161.006.  Holding Precinct Convention Of More Than One Party In Same Building.

A political party may not hold a precinct convention in the same building in which another party is holding a precinct convention on the same day unless:

(1)  the rooms in which the conventions are held are separated so that communication from one room to the other is precluded; and

(2)  a sign in bold print identifying the party holding the convention is posted at the entrance to each room.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 57, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1350, Sec. 7, eff. Sept. 1, 1997.



Section  161.007.  Unlawfully Prohibiting Employee From Attending Political Convention.

(a) A person commits an offense if, with respect to another over whom the person has authority in the scope of employment, the person knowingly:

(1)  refuses to permit the other person to be absent from work for the purpose of attending a precinct convention in which the other person is eligible to participate or attending a county, district, or state convention to which the other person is a delegate; or

(2)  subjects or threatens to subject the other person to a penalty for the purpose of preventing or retaliating for the other person's attendance at a precinct convention in which the other person is eligible to participate or for the other person's attendance at a county, district, or state convention to which the other person is a delegate.

(b)  In this section, "penalty" means a loss or reduction of wages or other benefit of employment other than a deduction for the actual time of absence from work.

(c)  An offense under this section is a Class C misdemeanor.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 106, eff. Sept. 1, 1997.



Section  161.008.  Certification Of Nominees For Statewide And District Offices For Placement On General Election Ballot.

(a) Except as provided by Subsection (c), the secretary of state shall certify in writing for placement on the general election ballot the name of each candidate nominated at a primary election or convention of a political party for a statewide or district office.

(b)  Not later than the 62nd day before general election day, the secretary of state shall deliver the certification to the authority responsible for having the official general election ballot prepared in each county in which the candidate's name is to appear on the ballot.

(c)  A candidate's name may not be certified if, before delivering the certification, the secretary of state learns that the name is to be omitted from the ballot under Section 145.035.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Amended by:

Acts 2005, 79th Leg., Ch. 1109, Sec. 20, eff. September 1, 2005.



Section  161.009.  Party Officer Subject To Mandamus.

The performance of a duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.



Section  161.010.  Challenging Convention Delegates.

A political party holding a convention under this title may provide by rule for challenging the qualifications of the convention delegates and for replacing unqualified delegates.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Chapter 162. Regulating Participation In Party Affairs

Section  162.001.  Affiliation With Party Required.

(a) A person must be affiliated with a political party to be eligible to:

(1)  serve as a delegate to or otherwise participate in a convention held by the party under this code;

(2)  be elected as a member of or be appointed to fill a vacancy on a state executive committee; or

(3)  be appointed to fill a vacancy on a county executive committee.

(b)  The affiliation requirement prescribed by Subsections (a)(2) and (3) applies only during a voting year in which the general election for state and county officers is held and does not apply until:

(1)  general primary election day, for a party holding a primary election; or

(2)  the date of the precinct conventions held under this title, for a party nominating by convention.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.



Section  162.002.  Eligibility To Affiliate.

To be eligible to affiliate with a political party, a person must be:

(1)  a registered voter; or

(2)  eligible to vote a limited ballot at the time of affiliating.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.



Section  162.003.  Affiliation By Voting In Primary.

A person becomes affiliated with a political party when the person:

(1)  is accepted to vote in the party's primary election; or

(2)  applies for and is provided an early voting or limited primary ballot to be voted by mail.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.62; Acts 1991, 72nd Leg., ch. 554, Sec. 33, eff. Sept. 1, 1991.



Section  162.004.  Affiliation Procedure: Voting At Polling Place.

(a) The signature roster for a primary election must state at the top of each page: "A person commits a criminal offense if the person knowingly votes in a primary election or participates in a convention of a party after having voted in a primary election or participated in a convention of another party during the same voting year."

(b)  An election officer at a primary election polling place shall stamp the party's name in the party affiliation space of the registration certificate of each voter who presents the voter's registration certificate and is accepted to vote unless the party name has already been stamped in the space.

(c)  If a voter is accepted to vote without presenting a registration certificate, the presiding judge shall issue the voter an affiliation certificate. The certificate is not required to be issued to a voter in a runoff primary unless the voter requests it.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 107, eff. Sept. 1, 1997.



Section  162.005.  Affiliation Procedure: Early Voting By Mail.

The early voting clerk in a general primary election shall provide an affiliation certificate with each early voting or limited ballot to be voted by mail. The certificate is not required to be provided to an applicant for a runoff primary ballot unless the applicant requests it.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.63; Acts 1991, 72nd Leg., ch. 554, Sec. 34, eff. Sept. 1, 1991.



Section  162.006.  Affiliation By Taking Oath. A P

erson becomes affiliated with a political party when the person takes an oath of affiliation as provided by Section 162.007 or 162.008.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.



Section  162.007.  Affiliation Procedure: Taking Oath At Precinct Convention.

(a) This section applies only to a precinct convention held under this title by a political party making nominations by convention.

(b)  On admitting a person for participation in the convention, the temporary chair shall administer to the person the following oath: "I swear that I have not voted in a primary election or participated in a convention of another party during this voting year. I hereby affiliate myself with the __________ Party."

(c)  After administering the oath, the temporary chair shall request the person's registration certificate and stamp the party's name in the party affiliation space unless the party name has already been stamped in the space. If the person does not present a registration certificate, the temporary chair on the person's request shall issue the person an affiliation certificate.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 108, eff. Sept. 1, 1997.



Section  162.008.  Affiliation Procedure: Taking Oath Generally.

(a) This section applies only to a person desiring to affiliate with a political party during that part of a voting year in which the general election for state and county officers is held that follows:

(1)  the date of the precinct conventions held under this title, for a party nominating by convention; or

(2)  7 p.m. on general primary election day, for a party holding a primary election.

(b)  On request of a person desiring to affiliate with a political party, a member of the county executive committee for the county in which the person resides shall administer the oath prescribed by Section 162.007(b).

(c)  After administering the oath, the committee member shall stamp the party's name on the person's registration certificate or issue the person an affiliation certificate as provided by Section 162.007(c).

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 109, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1349, Sec. 58, eff. Sept. 1, 1997.



Section  162.009.  Contents Of Affiliation Certificate.

The authority issuing an affiliation certificate under this chapter shall enter on the certificate:

(1)  the name of the person to whom the certificate is issued;

(2)  the name of the political party of the affiliation;

(3)  the name and official position of the issuing authority;

(4)  the party function at which the affiliation occurred, if applicable; and

(5)  the date of affiliation.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.



Section  162.010.  Duration Of Affiliation.

A party affiliation expires at the end of the voting year in which the person became affiliated.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.



Section  162.011.  Presentation Of False Evidence Of Affiliation Prohibited.

(a) A person commits an offense if for the purpose of participating in a political party's convention the person presents to a party official:

(1)  an affiliation certificate that the person knows was not issued in compliance with this chapter; or

(2)  a voter registration certificate with a party affiliation stamp that the person knows was not obtained in compliance with this chapter.

(b)  An offense under this section is a Class C misdemeanor.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.



Section  162.012.  Ineligibility To Affiliate With Another Party.

A person who is affiliated with a political party is ineligible to become affiliated with another political party during the same voting year.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.



Section  162.013.  Void Vote.

A vote in a primary election is void if the voter previously voted in a primary election of another party or participated in a convention of another party during the same voting year.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.



Section  162.014.  Unlawful Participation In Party Affairs.

(a) A person commits an offense if the person knowingly votes or attempts to vote in a primary election or participates or attempts to participate in a convention of a party after having voted in a primary election or participated in a convention of another party during the same voting year.

(b)  An offense under this section is a Class C misdemeanor.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.



Section  162.015.  Restrictions On Candidacy In General Election By Candidate Or Voter In Primary.

(a) A person who voted at a primary election or who was a candidate for nomination in a primary is ineligible for a place on the ballot for the succeeding general election for state and county officers as:

(1)  an independent candidate for an office for which a candidate was nominated in the primary; or

(2)  the nominee of a political party other than the party holding the primary in which the person voted or was a candidate.

(b)  A person who was a candidate for nomination in a primary election is ineligible for a place on the list of write-in candidates for the succeeding general election for state and county officers as a write-in candidate for the office sought by that candidate in the primary.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1991, 72nd Leg., ch. 363, Sec. 2, eff. Sept. 1, 1991.



Section  162.016.  Withdrawn Convention Nominee Ineligible For Another Nomination. If

a person nominated by a convention withdraws from the general election for state and county officers, the person is ineligible for a place on the general election ballot as the party's nominee for another office unless the second nomination is for an unexpired term for which the vacancy occurred too late for a convention to make a nomination under Section 202.005.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.


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